TL;DR: Delivery drivers using personal vehicles or working as independent contractors often fall into insurance gaps that delay or deny compensation. This article breaks down those loopholes and explains how West Coast Trial Lawyers can help you hold the right party accountable.
Why Insurance Loopholes Are So Common in Delivery Crashes
- Their personal policy may exclude commercial use
- The company may deny coverage unless the app was active
- Multiple insurers may dispute who’s responsible
Common Gaps That Leave Victims Without Coverage
Here are three major gaps we see in California delivery crash cases:
- No Commercial Insurance: Driver’s personal insurance refuses to pay because the car was being used for delivery.
- App Not Fully Active: Delivery company denies coverage because the app wasn’t in the “picking up” or “in transit” mode—even if the driver was clearly working.
- Policy Layer Confusion: Multiple policies with overlapping or vague terms lead to stalled claims and denied payouts.
5 Steps to Protect Yourself After a Delivery Vehicle Collision
- Call 911 and report the crash immediately.
- Take photos of all vehicles, license plates, delivery logos, and driver apps.
- Request the driver’s insurance information and delivery platform details.
- See a doctor as soon as possible—even if you feel okay.
- Contact a California delivery accident attorney right away.
Client Example: Proving App Use Meant $220,000 More
Los Angeles: A client was T-boned by an Amazon Flex driver who claimed they were “off duty.” By retrieving backend GPS and timestamped delivery logs, we proved the driver was mid-route. Initial settlement offer: $25,000. Final award: $245,000.
How WCTL Helps You Navigate Insurance Loopholes
- We subpoena delivery app logs and phone records
- We handle negotiations between multiple insurers
- We prove commercial use even when platforms deny it
- We advance your medical care if needed
Feeling Confused by Insurance Denials?
Take a breath. You’re not alone—and you don’t have to navigate this by yourself.
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Our team can step in immediately to protect your rights.
FAQs
Can I sue a delivery company if the driver caused the crash?
Yes, especially if the driver was actively working and the company’s insurance applies. We help prove active status.
What if the delivery driver had no commercial insurance?
Their personal policy may deny the claim, but we can often activate the company’s policy or find other liable parties.
What if two insurance companies are blaming each other?
This is common in these cases. Our team steps in to negotiate and hold the right insurer accountable.
Is there a time limit to file a claim?
Yes—2 years from the crash date for personal injury. Only 6 months if a government vehicle is involved.
How do I prove the driver was on duty?
App logs, GPS data, and delivery timestamps help. We can subpoena this data to prove it.
